Neighbors to challenge occupancy increases for house

Three groups, one in WG, say the city isn't following regulations

By Kate Carter

Against the wishes of nearby residents, the San Jose Planning Department, on Dec. 14, approved an increase in occupants at a rehabilitation home in southern Willow Glen.

The planning director signed a permit allowing up to 17 residents at Rainbow Recovery's 2990 Kilo Ave. home. The permit designates that one of the residents must be a supervisory staff member of the multi-facilitied nonprofit substance abuse recovery program for women. In addition, no more than five of the other residents can be licensed drivers.

The detached single-family, two-story home sits on an approximately 5,500-square-foot lot in a residential neighborhood.

Neighbors in the home's vicinity have been challenging the increase in accommodation for the past several months, saying they are not opposed to the home's current occupancy limit of six people. They say, though, that the house should be located in a commercial zone to legally accommodate the increase in residents.

"The zoning code says it needs to be commercial," said neighbor Bruce Brunger, who has been helping lead the effort of more than a dozen residents against the increase. "We just want the city to follow its own rules."

City officials were unavailable for comment because of city hall's holiday furlough.

Neighbors near the District 9 Kilo Avenue home have joined with neighbors with similar situations at recovery homes on Meridian Avenue, also in District 9, and Micro Court, in District 10, Brunger said. He said they plan to appeal the department's approval of the occupancy increases in tandem before the 30-day deadline, in order to present a larger, united group to San Jose's Planning Commission, which will make the final decision on the appeals.

The Kilo Avenue neighbors are also considering hiring lawyer Nick Petredis to represent them, as the other two neighborhoods have. Brunger said, if the planning commission approves the increased occupancy, they may take the city to court.

"We think we have a pretty good case to make if it goes that far," he said.

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